The Fair Labor Standards Act (FLSA) requires employers to pay an employee overtime (1½ times) his or her regular rate of pay) if that employee works more 40 hours per week. There are four specific exemptions under the FLSA: administrative, executive, professional and outside sales personnel. If an employee qualifies for one of these exemptions under either the "long" or the "short" FLSA tests, the employer is not required to pay overtime to that employee. In determining whether the professional exemption applies, employers need to consider certain job characteristics and/or responsibilities.
Attorneys: Professional Exemption Still the Most Difficult for Employers
There remains widespread noncompliance with the Fair Labor Standards Act's (FLSA) professional exemption despite recent rule changes, said attorneys Steven M. Gutierrez and Thomas E. J. Hazard in a recent BLR audio conference.
